Legal Question in Landlord & Tenant Law in Massachusetts

whose at fault tenant or landlord?

I had a small fire in my bathroom. It was caused by a ashtray with a cigarette still lit(I was not aware of this though). I woke up to a house filled with smoke, ceiling to knee level. The carbon detectors went off but my smoke alarm did not. After getting the smoke out, I pressed the test button on smoke detector. It didn't make any noise! It is broken. The bathroom floor is burnt and the tub discolored(from trying to put out the fire). Whose at fault me or my landlord? Who is responsible for the price of the repair?


Asked on 4/21/07, 7:06 pm

1 Answer from Attorneys

Re: whose at fault tenant or landlord?

Based on the facts you are at fault as the cause of the fire was due to your negligence or someone else who was in your apartment as your guest.

To the extent you could prove that the damages were greater as a result of the fire alarm not working you may be able to shift some of the cost to the landlord. This would be difficult to do, and may not be worthwhile.

This situation is the reason tenants need renters insurance, which generally costs less than $500 per year.

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Answered on 4/21/07, 7:32 pm


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